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  1. #1

    Default L2 to H1 status change

    Hi I have L2 Valid till Aug 30th and I have received H1B petition Approved. I am in Inida now.

    I got my H1B petition approval while I am in India.

    I Need suggestion.. Can I travel to US on L2 and then apply for the COS to H1B without getting H1B visa stamped in India

  2. #2
    Join Date
    Oct 2008
    Posts
    6,686

    Default

    Technically that is possible, but there are complications involved.
    The employer needs to file petition amendment to change your status. If the petition was already a change of status, amendment changes nothing and hence creates a confusion. Also, you cannot begin working until H1 change of status gets approved unless you have L2 based EAD.
    The best approach is to apply for your H1 Visa and use that to travel to US to work for your H1 employer.
    This is my opinion and not legal advice.

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